s 54 Bus fare or train fare evasion
54. —(1) An individual who is evading or has evaded payment of the fare in relation to — ( a ) a bus that is part of a bus service provided by a public bus operator; or ( b ) a train that is part of a train service provided by a licensed rapid transit system, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $1,000; and ( d ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [31/2015] (2) A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, whether before, on or after 29 February 2016, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence. [31/2015] (3) In subsection (2), a qualifying offence means — ( a ) an offence under subsection (1); or ( b ) an offence under section 24C(5) of this Act as in force before 29 February 2016. [31/2015] (4) For the purposes of this section and section 53, an individual evades payment of a fare in relation to a bus or train if the individual — ( a ) when attempting to travel, for an intended journey on the bus or train (including entering a paid area within any railway premises), without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in; (iii) attempts to travel on a concession fare without being entitled to the concession; or (iv) attempts to travel on an invalid ticket; ( b ) in relation to all or part of a journey travelled on the bus or train, without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in or tap out; (iii) travels on a concession fare without being entitled to the concession; or (iv) travels on an invalid ticket; or ( c ) without reasonable excuse, does or omits to do any other act that is prescribed in relation to any journey or intended travel on a bus or train. [31/2015] (5) For the purposes of this section and section 53, an individual is presumed, until the contrary is proved, to evade payment of a fare in relation to a bus or train if the individual, when requested by a public transport official — ( a ) fails to produce to the public transport official any ticket for the individual’s journey; ( b ) produces to the public transport official a concession ticket for the individual’s journey and then fails to produce evidence of the individual’s entitlement to the concession; ( c ) produces to the public transport official a smartcard ticket for the individual’s journey that, upon inspection by the official using a smartcard reader, is an invalid ticket, and then fails to produce a valid ticket for the journey; or ( d ) produces to the public transport official a ticket that is not a smartcard for the individual’s journey that, upon inspection by the official, is an invalid ticket, and then fails to produce a valid ticket for the journey. [24CA [31/2015] —(1) An individual who is evading or has evaded payment of the fare in relation to — ( a ) a bus that is part of a bus service provided by a public bus operator; or ( b ) a train that is part of a train service provided by a licensed rapid transit system, shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $1,000; and ( d ) where the person is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. [31/2015] (2) A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that provision (called the current offence) has been convicted or found guilty, whether before, on or after 29 February 2016, of a qualifying offence before the date on which the person is convicted or found guilty of the current offence. [31/2015] (3) In subsection (2), a qualifying offence means — ( a ) an offence under subsection (1); or ( b ) an offence under section 24C(5) of this Act as in force before 29 February 2016. [31/2015] (4) For the purposes of this section and section 53, an individual evades payment of a fare in relation to a bus or train if the individual — ( a ) when attempting to travel, for an intended journey on the bus or train (including entering a paid area within any railway premises), without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in; (iii) attempts to travel on a concession fare without being entitled to the concession; or (iv) attempts to travel on an invalid ticket; ( b ) in relation to all or part of a journey travelled on the bus or train, without reasonable excuse — (i) does not pay the fare lawfully required; (ii) if using a smartcard ticket, does not tap in or tap out; (iii) travels on a concession fare without being entitled to the concession; or (iv) travels on an invalid ticket; or ( c ) without reasonable excuse, does or omits to do any other act that is prescribed in relation to any journey or intended travel on a bus or train. [31/2015] (5) For the purposes of this section and section 53, an individual is presumed, until the contrary is proved, to evade payment of a fare in relation to a bus or train if the individual, when requested by a public transport official — ( a ) fails to produce to the public transport official any ticket for the individual’s journey; ( b ) produces to the public transport official a concession ticket for the individual’s journey and then fails to produce evidence of the individual’s entitlement to the concession; ( c ) produces to the public transport official a smartcard ticket for the individual’s journey that, upon inspection by the official using a smartcard reader, is an invalid ticket, and then fails to produce a valid ticket for the journey; or ( d ) produces to the public transport official a ticket that is not a smartcard for the individual’s journey that, upon inspection by the official, is an invalid ticket, and then fails to produce a valid ticket for the journey. [24CA [31/2015]